5.4 • ^� Item # 5_4.
cty or
Elk -�-�
River
MEMORANDUM
TO: Planning Commission
FROM: Michele McPherson;'D irector of Planning
DATE: April 24, 2001
SUBJECT: Case No. LU 01-04
Request by Heritage Landing Development to Include Property in
the Urban Service District
REQUEST
• The applicant requests a land use map amendment be approved to add property into the
urban service district.
LOCATION
General location- Highway 10 and Waco Street NW, SW 1/4 of the NW 1/4 of Section 31,
Township 33, Range 26, Elk River, Minnesota.
ZONING/LAND USE
C3 - Highway Commercial / HB - Highway Business
ATTACHMENTS
• Location/Zoning Map
• May 19, 1999 City Engineer's memo
OVERVIEW
In 1999, the City Council approved a land use map amendment to remove the subject
property from the Urban Service District. The applicant at that time desired to develop
mini-storage on the property with the billboard maintained on its own parcel. The
• applicants had,since approximately 1996,attempted to develop the property in a variety of
ways prior to the availability of sewer and water,which is prohibited by ordinance. Staff
Memo to Planning Commission/0A01-05
April 24,2001
Page 2
• continued to encourage the applicant to wait until sewer and water reached the site in order
to encourage higher quality development.
In 2000,the City approved a public improvement project to extend Business Center Drive
to the west, realign Waco Street,and to extend trunk sewer and water to Waco Street. The
property owner to the south, George Sanford, has submitted a proposal for a townhome
development titled"West Oaks" and will be installing additional sewer and water through
that parcel, making them available to the subject parcel in the future.
It has been staff's position that once this parcel was removed from the Urban Service
District,it would be the responsibility of the property owner to bear all costs associated with
returning the parcel to the Urban Service District and providing water and sewer services to
the parcel in question. This includes possible negotiation for easements with the property
owner to the south if they desire sewer and water connection sooner than the build out of
the development to the south.
It is logical to bring the parcel back into the Urban Service District as parcel surrounding it
on two sides are in the district.
RECOMMENDATION
Staff recommends that the Planning Commission recommend to the City Council approval
of the land use map amendment to bring the subject property back into the Urban Service
IIIDistrict with the following conditions:
1. The land owner/applicant shall bear all costs for providing sewer and water service
to the property.
2. The City will not assist the property owner(i.e imminent domain)in providing sewer
and water to the property sooner than the development to the south allows.
•
S:\PLANNING\MICHMC\PLREPRTS\OA01-05.DOC
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\,. ZONING
city of I MAP
TAk\ River
13065 Orono Parkway • P.O. Box 490 CASE: LU 01-04
Elk River, MN 55330
1111
:edy
fr< -s- Howard R. Green Company
01Z1111%MSS
IL CONSULTING ENGINEERS
Formerly MSA
Consulting Engineers
May 19, 1999
File: 230000M
Mr. Steve Wensman
Planner
City of Elk River
13065 Orono Parkway
P.O. Box 490
RE: HERITAGE LANDING DEVELOPMENT
REQUEST FOR REMOVAL FROM THE URBAN SERVICE AREA
Dear Mr. Wensman:
City Administrator Pat Klaers has asked us to review the request by Heritage
Landing Development for the removal of their parcel of land from the Urban Service
0 District. We have done this from strictly an engineering perspective. As you are
aware, Heritage Landing Development owns a small parcel of land, adjacent to TH
10 just west of Waco Street. The parcel is triangular in shape and actually has no
frontage on a city street. It does, however, have access from the highway. It has
been documented by MnDot that this highway access can be continued as the
property develops beyond an agricultural use. The west line of this property abuts to
Big Lake Township. There is a wetland complex existing approximately in the center
of the property.
In the future, it is the City's intent to realign Waco Street farther to the east. This is
in an effort to provide more room on the north side of the highway to configure an
intersection which will ultimately be signalized. This realignment of Waco Street
may make access to a city street from this property even more difficult. Given this
property's somewhat small size, its location in an extreme end of the Urban Service
Area, and its unique road access, we see no problem with removing it from the Urban
Service District.
We would caution, however, that if the developers petition to be included in the
Urban Service District in the future, there may be extraordinary costs associated
with providing sewer and water service to this site. These would result from a couple
of different items. First of all, the site was always intended to be served by lateral
0 sanitary sewer and water since it is on the ext:_eme west end of the Urban Service
District. Most likely this service wo .tld come from the property lying immediately
1326 Energy Park Drive • St. Paul, MN 55108 • 612/644-4389 fax 612/644-9446 toll free 888/368-4389
south of the subject site. If the request to remove them from the Urban Service
• District is granted, the design of the sewer and water to serve the site to the south
would generally not include a review of what it would take to provide service to this
site. Therefore, the sanitary sewer may not be provided with extra depth if that is
needed to ultimately serve this site, nor would there be provisions to extend
watermain for looping purposes or possibly even easements to extend sanitary sewer
to the site. In the future, if the owners would petition to be included in the Urban
Service District, the extraordinary costs may include a lift station for sanitary sewer
service, easement acquisition for extending the sewer and looping of the watermain
and the developers would be required to pay these extraordinary costs and acquire
any necessary easements.
If you have any questions regarding these comments, please call.
Sincerely,
Howard R. Green Company
, 6(7--/14-er(-e4)
Terry J. Maurer, P.E.
•
• s:\planning\letters\230000m.doc
Howarc R. Green Company
CONSULTING ENGINEERS